LAW 529 Lecture Notes - Lecture 7: Job Performance, The Employer, Severance Package
28 Feb 2016
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Not the same as having a good reason (e. g. financial difficulties resulting in need to downsize not just cause). Decided on the particular facts of each case but there are helpful precedents: just cause cant be because your downsizing or theres financial difficulties. Requirementsonus of proof: onus of proof is on the employer: to show on a balance of probabilities that employee breached contract in a fundamental way. all or nothing proposition concept of near cause no longer applies to reduce notice period. The employer and employee power is not equal. Grounds of dismissal: most of the time, the just cause is alleged by the employer at the time of the dismissal. Tel: mckinley took a medical leave after 16 years" of service. He was interested in returning to a less stressful position. Mckinley had previously received medical advice that he was capable of returning to his original job.
